Allowed

Atul Babulal Gajarmal v. the State of Maharashtra

Bombay HC22 Nov 2021BA/1955/2021

Case brief

AI extract

What is this about?

High Court Bombay allowed two bail applications filed by co-accused persons charged with robbery and dacoity. The court granted bail citing the recovery of stolen goods, release of other co-accused, and procedural flaws in the Test Identification Parade, subject to standard bonds and court appearances.

What did the court decide?

Applicants released on bail on executing Personal Bond of Rs. 20,000/- each with one or two sureties of like amount, subject to conditions of attendance and non-interference.

Atul Babulal Gajarmal Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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BA-1955-2021-BA-2588-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.1955 OF 2021

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ATUL BABULAL GAJARMAL

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)...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA)...RESPONDENT

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WITH

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BAIL APPLICATION NO.2588 OF 2021

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SAMIR LIYAKAT PATHAN)...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA)...RESPONDENT

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Mr.Kuldeep Patil i/b. Mr.Prashant Hagare, Advocate for the
Applicant in B.A.No.1955 of 2021.

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Mr.Vaibhav Gaikwad, Advocate for the Applicant in B.A.No.2588
of 2021.

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Mr.H.J.Dedhia, APP for the Respondent – State.

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CORAM: V. G. BISHT, J.

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 RESERVED ON : 15th NOVEMBER 2021
 PRONOUNCED ON : 22nd NOVEMBER 2021

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AVK 1/7

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BA-1955-2021-BA-2588-2021.doc

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P.C.:

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1The present applications have been moved by the
applicants under Section 439 of the Code of Criminal Procedure
in Crime No.867 of 2020 registered with Police Station Yavat,
Daund, Pune, for offences punishable under Section 395, 341, 34
of the Indian Penal Code (IPC).

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2It is the case of the prosecution that the informant,
who is a driver by profession, along with his companion, who is
also a driver, was taking his tempo truck on 12th September 2020
bearing Registration No.MH-10-CR-4149 loaded with material of
clothing fabric rolls and plastic rolls via Malegaon-Ahmednagar-
Daund-Chowfula. The prosecution alleges that at about 1.25
a.m. all of a sudden a black coloured car came across the tempo
truck from which three persons in the age group of 20 to 25
alighted. One of them entered the cabin of the truck, brandished
a knife and pulled the complainant down from the driver’s seat
and occupied the driver’s seat. They then robbed the informant

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AVK 2/7

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BA-1955-2021-BA-2588-2021.doc

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and informant’s friend namely Anil of Rs.3,000/- and Rs.1,000/-
respectively. They then took the truck towards Chowfula and
from Pune-Solapur Highway brought it to Patas where they asked
the informant and his friend to get down and drove the truck
towards Supa. The informant, accordingly, lodged the report
against unknown persons.

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3Mr.Kuldeep Patil and Mr.Vaibhav Gaikwad, learned
counsel for the applicants submitted that some of the accused
have already been released on bail by this Court (Coram : Revati
Mohite Dere, J.) vide order dated 6th October 2021 and (Coram :
Smt.Bharati Dangre, J.) vide order dated 29th July 2021, and
therefore, the present applicants also claim parity. The learned
counsel then assailed the Memorandum of Test Identification
Parade by submitting that same dummies were used and the Test
Identification Parade was carried out after a long time. In such
circumstances, much significance cannot be attached to the Test
Identification Parade. For all these reasons, the applications
deserve to be allowed, argued learned counsel.

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AVK 3/7

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BA-1955-2021-BA-2588-2021.doc

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4Mr.Dedhia, learned APP, invited my attention to the
Affidavit of Investigating Officer and submitted that there is
sufficient evidence on record to prove the complicity of
applicants-accused in the offence. Moreover, both of them are
having criminal antecedents, the details of which are given in the
Affidavit and therefore, in such circumstances, the application
need not be granted.

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5At the very outset, it may be noted from the record
that the truck in question and as also the goods which were
allegedly taken away by the applicants – accused have been
seized during the course of investigation. This is one material
aspect.

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6It is also seen from the record that two accused
namely Laxman @ Pankaj Dhananjay Jadhav and Vinod Vitthal
Admane have also been released on bail by this Court on 6th
October 2021 and 29th July 2021 respectively. It may not be out
of place to note from the charge-sheet that during the course of

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AVK 4/7

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BA-1955-2021-BA-2588-2021.doc

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investigation, it revealed that in all there were nine accused
including the applicants who are before this Court and as also
who have been released on bail. They were also having similar
antecedents and since everything was recovered and the fact that
charge-sheet is filed, this Court was pleased to release those
accused on bail. Here the situation is almost identical.

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7Coming on the merits, although the Memorandum of
Test Identification Parade is on record, but the same is not free
from blame for two reasons – firstly, the Test Identification
Parade was not undertaken immediately and it was conducted
almost after a month of the incident, and, secondly, same
dummies were used for identification of applicants. Thus,
definitely, the whole exercise does not appear to be above board.

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8For all the aforesaid reasons, I am also inclined to
allow the present application. Hence, the following order :

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AVK 5/7

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BA-1955-2021-BA-2588-2021.doc

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ORDER

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(i) Applicant – Atul Babulal Gajarmal (B.A.No.1955 of 2021) and Applicant – Samir Liyakat Pathan (B.A. No.2588 of 2021) shall be released on bail in Crime No.867 of 2020 registered with Police Station Yavat, Daund, Pune, on their executing P.R.Bond in the sum of Rs.20,000/- each, with one or two sureties in like amount by each of the applicant.

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(ii)The applicants shall attend the concerned police station on the first Sunday of every month between 10.00 a.m. to 11.00 a.m. till filing of charge-sheet.

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(iii)The applicants to co-operate with the conduct of the trial and attend the trial Court on all dates, unless exempted.

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(iv)The applicants shall not tamper with evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

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(v)Parties to act on copy of this order duly authenticated by the Sheristedar of this Court.

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(vi)Bail before trial Court.

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AVK 6/7

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BA-1955-2021-BA-2588-2021.doc

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(vii)The applications are allowed in the aforesaid terms and
stand disposed off accordingly.

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9It is made clear that the observations made herein are
prima facie and the trial Court shall decide the case on its own
merit, in accordance with law, uninfluenced by the observations
made in this order.

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 (V. G. BISHT, J.)

ARTI

VILAS

KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2021.11.22 16:51:46 +0530

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AVK 7/7

Atul Babulal Gajarmal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Atul Babulal Gajarmal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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